Factsheet for case PL-2021-19/1952 – measures in Poland
|Country||Poland , applies nationwide|
|Time period||Open ended, started on 03 May 2021|
|Type||Other initiatives or policies|
Supporting businesses to stay afloat
– Direct subsidies (full or partial)
|Author||Jan Czarzasty (Warsaw School of Economics) and Eurofound|
|Case created||11 July 2021 (updated 21 July 2021)|
Since the first outbreak of the COVID-19 in the spring of 2020, enterprises (self-employed included) could claim public support. The anti-crisis aid have been administered in such a way that eligible - in light of the Anti-crisis Shield - enterprises could apply for public support to regional labour offices and district administration. However, the decision is to be taken single-handedly by the office where the application is submitted. No appeal procedure in case of negative decision is envisaged.
In an attempt to solve the issue, the SME Ombudsman filed a petition to the Ministry of Development, Economy and Labour to introduce the possibility for entrepreneurs to appeal against the refusal to grant public aid by directors of regional labour offices and head of district administration.
The Ombudsman for SMEs suggests in the petition that refusal to grant the aid applied for should take place by decision from which the applicant will be entitled to lodge an appeal or a request for reconsideration of the case pursuant to the principles set out in the Act of 14 June 1960 Code of Administrative Procedure (i.e. Journal of Laws of 2020, item 256, as amended).
In other words, the whole procedure should be put within the administration law framework. At the moment only civil law provisions apply, apart from the the regulations set out in the anti-crisis legislation (Anti-Crisis Shields).
The position has been submitted, no official reaction is known yet.
|Does not apply to workers||
||Does not apply to citizens|
Company / Companies
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
Social partners have not been involved formally.
No official statements.
Eurofound (2021), Ombudsman for SMEs asks to enable companies to appeal decisions on aid, case PL-2021-19/1952 (measures in Poland), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.